
Ike Brannon
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Aug 11, 2026
‘Woke 1’ and the Red-Green DSA: A Distinction Without a Difference
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Josh HammerHOST
Can you just start at a very high level, talk, uh, talk and, and at, at a broader level about the, the level of the problem of, of mass litigation costs when it comes es- especially to tort litigation, and how exactly that affects the everyday American?

Ike BrannonGUEST
Often these are, uh, what we call class action lawsuits, where we have, uh, groups of people who are suing with, uh, with one lawyer representing a group interest.

Ike BrannonGUEST
And the idea is that, uh, you know, the, uh, people who are suing are trying to, uh, get some kind of corrective action out of the, uh, individual.

Ike BrannonGUEST
And, um, we've basically created a, uh, a legal atmosphere that, uh, bends way over, uh, for the, the rights of the people who are filing the lawsuit.

Ike BrannonGUEST
And so what we've seen in the last few years, uh, is, is that the size of, uh, these tortious lawsuits have, uh, have grown exponentially.
Josh HammerHOST
Talk a little bit more just about the, the nexus and the trickle-down, if you want to use one, one of, one of the less favorite buzzwords, the, the trickle-down effect of this litigation that ends up affecting consumers' everyday lives.
Tax Expenditures, 340 B Drug Pricing, and Kidney Donation Reform
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Joe GroganHOST
What clicked in your head that allowed you to see it this way? And then just maybe you could describe the paper that you and Tony wrote.

Ike BrannonGUEST
So, uh, so 340B is a, uh, provision that forces, uh, pharmaceutical companies to sell prescription drugs at a steep discount to, uh, nonprofit hospitals.

Ike BrannonGUEST
So it was, uh, it began, uh, in 1992, and at the time, it applied to just a handful, I think eight, two handfuls, I guess, of, um, of, uh, entities.

Ike BrannonGUEST
And look, the idea is good, right? It's, uh, let's have the pharmaceutical companies give these people a steep, uh, discount on drugs so people who don't have health insurance or anything else can, uh, can get access to these life-saving drugs.

Ike BrannonGUEST
But the way it works today is that, uh, there are, uh, you know, hundreds of, uh, entities now, maybe it's thousands, that have access to the 340B program, and this is costing pharmaceutical companies billions of dollars, and it's not effective at all, right? There's-- Nobody is getting cheaper drugs because of this.

Ike BrannonGUEST
All that's happening is that we're increasing the effective revenue for hospitals that are designated as, as nonprofit or health providers that are designated nonprofit.
29 MINS LATER